What’s Next for Britney?

A story that began as a tabloid tease about a wild young celebrity on the town is continuing to devolve into the kind of tragic spectacle that prompts more winces than winks. On Monday a Los Angeles judge will again be called upon to review the sad details of the Britney Spearschild custody case.

Early in January a clearly distraught Spears was taken from her home by ambulance after a visit with her two sons turned into a chaotic scene that prompted a court-appointed monitor to call the authorities. Spears ended up in the hospital for psychological evaluation, though she signed herself out after a one-night stay. Now Spears's ex-husband Kevin Federline is apparently ready to request a change to the current custody agreement, which gives her limited and supervised access to their children.

NEWSWEEK's Susanna Schrobsdorff spoke to Karen C. Freitas, a prominent family law attorney with Cotkin & Collins in Los Angeles, about how the courts handle cases when a mother is in chronic distress, what Spears would likely have to do to regain access to her toddlers, and why her situation isn't that unusual in family court. Excerpts:

NEWSWEEK: Is it likely that Britney Spears will lose even supervised access to her children—at least in the short term?
Karen C. Freitas: Unfortunately for Britney, the other side doesn't have to do much. She's handing [Kevin] Federline his case. It's not as though the court has a difficult decision.  Federline doesn't have to be Superdad. By law, if someone is not physically or emotionally available to parent, they have to grant custody to the other parent. And she has not followed the standard protocol to regain custody.

What would that protocol be?
As attorneys, we'd say you have to show the judge that you're working on your problems—whether they be an eating disorder, drugs or alcohol or some sort of condition like panic attacks or a mental illness. You must show that you're under a physician's care, that you're doing what you need to do to try and get better. That shows you're a responsible parent.

So the fact that Spears or any other parent might have serious emotional or substance problems does not disqualify them from custody or access?
No. It's the lack of redress. It's the poor judgment and irresponsibility in not addressing your issues. If you as an adult aren't taking care of yourself and are not physically or mentally available, obviously you can't take care of young children.